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SCOTUS and the Spy in Your Pocket
American Thinker.com ^ | December 14, 2017 | Mark J. Fitzgibbons

Posted on 12/14/2017 6:25:26 AM PST by Kaslin

For many of us, the information we carry around on a smart phone is the Rosetta Stone to decipher our lives. Our appointments, personal and business contacts, notes, favorite tunes, photographs, and many more windows into the inner recesses of our lives and livelihoods can be found there.

Besides the incredibly personal and valuable information inside our smart phones, our cell phone service providers have plenty of our valuable information, such as with whom we have spoken and even a record of our locations. And under present law, police and prosecutors don’t need a warrant issued after probable cause to obtain it from those companies and look at it.

The Supreme Court recently heard oral argument in Carpenter v. U.S. about whether the Fourth Amendment protects cell phone data held by the phone companies. The case has potentially major implications for privacy in the digital age.

Over at the Law & Liberty blog, esteemed originalist Professor Mike Rappaport addresses the key Fourth Amendment issue of the day in his piece “The Original Meaning and the Carpenter Case: Congress’s Protection of Customer Information.” He writes:

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government
KEYWORDS: 4thamendment; digital; scotus; supremecourt; technology
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1 posted on 12/14/2017 6:25:27 AM PST by Kaslin
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To: Kaslin

I do not carry such a device.
I have a tablet for checking email while traveling


2 posted on 12/14/2017 6:33:17 AM PST by Fai Mao (I still want to see The PIAPS in prison)
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To: Kaslin; All
Dumb question: Is a smart phone or even a simplistic cell phone a tracking device when it's turned off? Is a GPS system that's installed in a car a tracking device and does it record where it's been? (I have an unregistered Garmin, no factory installed GPS) What about EZPass to pay tolls?

I don't really care, as I have nothing to hide, except for the principle. It's creepy that the gov knows all.

3 posted on 12/14/2017 6:35:00 AM PST by grania (Deplorable and Proud of It!)
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To: grania

The toll tag only tracks toll booths. No toll road no track.

I know that it is possible to remotely activate some “smart” cell phones but requires a warrant.

I don’t know what a Garmin so I have no idea. Garmin sounds like the name of a snowflake waiter at a PC restaurant.


4 posted on 12/14/2017 6:43:13 AM PST by Fai Mao (I still want to see The PIAPS in prison)
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To: grania

cell phone a tracking device when it’s turned off?

ALL Cell Phones can be Tracked as long as the battery is in it, it can be silently turned on to record also with NO Indication it is even on. This has been available for almost 20 years now.

Is a GPS system that’s installed in a car a tracking device and does it record where it’s been?

YES, it is recorded in the Vehicles Computer system and downloaded to the Manufacturer regularly,All the metadata is to


5 posted on 12/14/2017 6:50:14 AM PST by eyeamok (Tolerance: The virtue of having a belief in Nothing!)
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To: Fai Mao
I do have a smart phone, but I do not check email on it. All I do is make calls, or answer calls only from numbers that I do recognize or are on my list of contacts. I have a specific ringtone for numbers that I do not recognize and they get tossed into my block list. Also, I do not answer my phone when I am driving and I do not make phone calls while driving.

I read fox news and Rush for which I have Apps, when I am for example at a doctor's appointment until I am called in, or at a pharmacy picking up prescriptions up for either my husband or myself

6 posted on 12/14/2017 6:50:34 AM PST by Kaslin (Quid est Veritas?: What Is Truth?)
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To: Kaslin

It drives my boss nuts that I set my phone up without text or email, but I may have to give in on the text stuff soon in order to do banking.
My bank wants to use text for two-factor authentication, because text can be automated and without it they actually have to have someone call me.


7 posted on 12/14/2017 6:51:44 AM PST by BuffaloJack (Men stand up for freedom; slaves kneel before their masters.)
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To: Fai Mao

“The toll tag only tracks toll booths. No toll road no track.”


Actually, no. Ever see the “Travel time to exit 329 - 25 minutes” signs?

They calculate the travel time by using road-side readers to track toll tags along the route. Even on non-toll roads.

I have first-hand experience with this in PA, MD, and NY. This is why my ez-pass is kept in the glove box except when going through toll booths.


8 posted on 12/14/2017 6:53:39 AM PST by ConservativeWarrior (Fall down 7 times, stand up 8. - Japanese proverb)
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To: eyeamok

I have a Samsung Galaxy8 smart phone and the battery can not be taken out any more and replaced like they used to be. I had the Galaxy6 before but had to replace it because it came apart. It was the battery that did it.


9 posted on 12/14/2017 6:56:59 AM PST by Kaslin (Quid est Veritas?: What Is Truth?)
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To: BuffaloJack

“because text can be automated and without it they actually have to have someone call me.”


Current multifactor authentication systems can also place voice calls to solicit a response or provide a code.

We use one with our web applications. (Twilio)


10 posted on 12/14/2017 6:59:40 AM PST by ConservativeWarrior (Fall down 7 times, stand up 8. - Japanese proverb)
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To: Kaslin

Someone needs to make a pouch or bag of some sort that you can put your phone in that no radio waves can pass through. Kind of like those RFID wallets.


11 posted on 12/14/2017 7:08:32 AM PST by US_MilitaryRules (I'm not tired of Winning yet! Please, continue on!)
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To: US_MilitaryRules

Agreed no radio waves

Ask Mrs. Ohr


12 posted on 12/14/2017 7:15:07 AM PST by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: eyeamok; grania
Please tell us how the data is downloaded from our cars regularly.

Please also tell us how our iPhones log in without our passcodes.

Older phones were believed to allow remote booting, but the “evidence” is poor.

13 posted on 12/14/2017 7:17:21 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: ConservativeWarrior

Here in California, our electronic pass came with an aluminum wrapping, a grandson, the family IT suggested that we keep in the original package, except, when we go through an electronic toll both.

Most drivers mount them on their windshields, which means their signals are captured by any sensor on the roads that tracks those signals.

There was a recent study on what vehicles are causing traffic jams on a road that goes between two counties.

The newspaper article told about how cell phones and their Fast Past told the sensors where the car came from and when.

No one besides my wife, myself and our IT grandson were concerned about this massive data capture.


14 posted on 12/14/2017 7:17:57 AM PST by Grampa Dave (Build Kate's wall! Keep illegals and illegal murderers/criminals out of America! MAGA! SLAP ACT!!)
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To: grania

Question is what do you consider “off”?
There’s usually several levels of “off” for these complex devices, most leaving at least some capabilities running.
If the screen is blank, and the device instantly activates when “on” (or some other button) is pressed, it’s just in “sleep” mode - turns off the user interface to save power, but otherwise ready to work and likely monitoring location, network, etc.
If you really turn it OFF (say, long-press the power button and then swipe the OFF indicator) it should really be off - as in not collecting location data or responding to phone call requests, not consuming any power. Users rarely turn their phones OFF.

Simple cell phones probably won’t _record_ your locations, but the cell service company may very well track your locations. Cell phones _must_ check in with local towers periodically (every few minutes) so the system knows where the phone is so calls can be delivered. Having that data, and plenty of storage to record it, the service company will probably keep that data indefinitely so they can “data mine” customers’ behaviors so they can provide better (and more profitable) services. Side effect is: when the police ask for that data, they can provide a map of where you’ve travelled.

A car GPS probably doesn’t store past location info, at least not for long. It’s not particularly useful, and there isn’t much storage available to keep it. If you’re actually worried about someone using it to prove where you don’t want them to know you’ve been, you’ll have to turn it off (like pull the power connection) to ensure it doesn’t gather location data - without the exact model we can’t tell you if or how much it records.

EZpass is just a tag that’s read when you pass by a reader, an easy way for the toll booth to say “oh, it’s you” and record that you were there at a particular time. Tollbooth records can be correlated to figure out where you’ve probably been, but can’t prove it beyond “you were here at this time, and there at that time”.

You want convenience services, you have to let other people know where you are. Not hard to be anonymous, but inconvenient in modern culture.


15 posted on 12/14/2017 7:17:59 AM PST by ctdonath2 (It's not "white privilege", it's "Puritan work ethic". Behavior begets consequences.)
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To: ConservativeWarrior

“They calculate the travel time by using road-side readers to track toll tags along the route. Even on non-toll roads.”

I did not know this


16 posted on 12/14/2017 7:25:48 AM PST by Fai Mao (I still want to see The PIAPS in prison)
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To: US_MilitaryRules
Just a foil bag would work, I'd imagine.

I could get one to match my tinfoil hat. It'd be a two-fer, the gov't wouldn't be able to track me OR broadcast their control waves direct into my brain.

17 posted on 12/14/2017 7:26:24 AM PST by wbill
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To: grania
When turned off, there is no tracking by phone. When on and not used, even if you don’t have a GPS chip, cell towers are communicating with your phone. They have to to get you a call. Your phone needs to see more than one tower to have an immediate fallback if the one you are on goes down or you drive away from you current one to a different one.

Your car is not downloading your information to anyone unless you have a service like OnStar available to you. Note that OnStar has been found in the past to share your information even if you do not pay for the service.

Unless you pay your car dealer’s mechanic to check your car via computer, there’s no other way to share that information with anyone. Oil change places or mechanics’ shops don’t do it. If you have one of those new “insurance by the mile” tools, your information is definitely being saved by your insurance company.

There’s plenty to be paranoid about, but your information sources need to be reliable.

18 posted on 12/14/2017 7:29:24 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Kaslin

Simple solution is to allow access in extreme (terror) cases, but NOT allow the information to be used to prosecute the owner.


19 posted on 12/14/2017 7:29:39 AM PST by G Larry (There is no great virtue in bargaining with the Devil)
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To: Grampa Dave

Definitely good advice!

I’d still be paying cash for tolls if it wasn’t more expensive. (PA has a 25% markup for paying tolls in cash)


20 posted on 12/14/2017 7:29:46 AM PST by ConservativeWarrior (Fall down 7 times, stand up 8. - Japanese proverb)
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